California’s days of telling the country what kind of car it can drive may be numbered.
The story so far, for those just joining us: The Biden administration’s EPA granted the state a waiver to adapt its own emissions standards under the Clean Air Act, standards stricter than those imposed federally.
Trump’s return to office has intensified efforts to roll back regulations that many view as detrimental to traditional energy sectors.
In fact, these standards are so strict that they amount to a mandate to phase out gas-powered cars altogether.
Moreover, other states are free to adapt California’s standards as their own. To date, 16 states and the District of Columbia have done so.
In other words, you have one state creating laws for other states. Can you say “unconstitutional”?
Exceeds authority
Fuel producers contend that the waiver exceeded the EPA’s authority and harmed their businesses by lowering demand for liquid fuels. So they sued.
The U.S. Court of Appeals for the District of Columbia Circuit dismissed the lawsuits, stating that the challengers lacked the necessary legal standing. Now, the case is set to be reviewed by the Supreme Court.
Or was. On January 24, acting Solicitor General Sarah Harris filed a request with the court to pause its review of the case, signaling that the Trump administration plans to reassess the 2022 EPA decision.
This is exciting to see.
The big rollback
Meanwhile, with its 6-3 conservative majority, the Supreme Court has shown skepticism toward expansive regulatory authority.
Recent rulings have limited the EPA’s powers, including decisions restricting its ability to address water pollution, regulate coal and gas emissions, and enforce the “Good Neighbor” rule to curb cross-state ozone pollution.
Trump’s return to office has intensified efforts to roll back regulations that many view as detrimental to traditional energy sectors. On his first day back, he issued an executive order targeting California’s waiver to ban the sale of gasoline-only vehicles by 2035, calling on the EPA to end state emissions waivers that limit sales of gas-powered vehicles.
The administration’s request to reassess California’s emissions waiver reflects a broader ideological shift that aligns with the court’s conservative majority and prioritizes deregulation.
Newsom’s folly
California Governor Gavin Newsom (D), who often touts California’s leadership on climate policy, said the EPA’s approval of the advanced clean-cars rules was a vote of confidence in California’s accomplishments in “protecting our people by cleaning our air and cutting pollution.”
Of course, he loves the power.
Automakers are producing electric vehicles, but there’s a huge gap between these EV sales mandates and a customer’s reasonable expectation that they can still choose what kind of vehicle to drive. Trump’s actions are another step toward restoring that freedom of choice.
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